Alan Ferguson (SA, Deputy-President) Share this | Hansard source

Pursuant to standing orders 38 and 166, I present documents as listed below which were presented to the President, the Deputy President and temporary chairs of committees since the Senate last sat. In accordance with the terms of the standing orders, the publication of the documents was authorised.

The list read as follows—

(a) Document certified by the President

Commonwealth Ombudsman––Report for the period 1 July 2008 to 30 June 2009 on the Ombudsman’s activities under Part V of the Australian Federal Police Act 1979 (received on 18 December 2009, 9.35 am AEST).

(b) Committee reports

1. Environment, Communications and the Arts References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Impact of mining operations on the Murray-Darling Basin (presented to the President on 4 December 2009, 9.07 am AEST).

2. Legal and Constitutional Affairs References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Australia’s judicial system and role of judges (presented to the President on 7 December 2009, 3.45 pm AEST).

3. Legal and Constitutional Affairs References Committee––Report––Australia’s judicial system and role of judges––Errata (presented to the President on 8 December 2009, 1.21 pm AEST).

4. Legal and Constitutional Affairs References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Access to justice (presented to the President on 8 December 2009, 1.21 pm AEST).

5. Rural and Regional Affairs and Transport References Committee––Interim report––Rural and regional access to secondary and tertiary education opportunities (presented to the President on 11 December 2009, 11.58 am AEST).

6. Select Committee on the National Broadband Network––Third report––Erratum (presented to temporary chair of committees, Senator Humphries, on 14 December 2009, 4.26 pm).

7. Rural and Regional Affairs and Transport References Committee––Interim report––Natural resource management and conservation challenges (presented the President, on 18 December 2009, 10.23 am AEST).

8. Rural and Regional Affairs and Transport References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Rural and regional access to secondary and tertiary education opportunities (presented the President, on 18 December 2009, 10.23 am AEST).

9. Foreign Affairs, Defence and Trade References Committee––Interim report––Security challenges facing Papua New Guinea and the island states of the southwest Pacific (presented to temporary chair of committees, Senator Moore, on 21 December 2009, 10.50 am AEST).

10. Rural and Regional Affairs and Transport References Committee––Interim report––Natural resource management and conservation challenges (presented to temporary chair of committees, Senator Ryan, on 23 December 2009, 10.42 am).

11. Community Affairs Legislation Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 and related bills, together with the Government amendments to the bills circulated on 28 October 2009 and any related matter (presented to the President on 1 February 2010, 5.27 pm).

(c) Government response to parliamentary committee report

1. Joint Standing Committee on Treaties––91st report––Treaties tabled on 12 March 2008 (presented to temporary chair of committees, Senator Troeth, on 17 December 2009, 11.29 am).

2. Education, Employment and Workplace Relations References Committee––Report––DEEWR tender process to award employment services contracts (presented to temporary chair of committees, Senator Humphries, on 28 January 2010, 3.08 pm).

(d) Government documents

1. Screen Australia––Report for 2008-09––Correction (presented to the President on 3 December 2009, 8.48 AEST).

2. Acts Interpretation Act––Statement pursuant to subsection 34C relating to the extension for presentation of a report––Torres Strait Regional Authority––Report for 2008-09 (presented to the President on 3 December 2009, 8.48 AEST).

3. Auslink––Report for 2007-08 (presented to the President on 3 December 2009, 11.01 am AEST).

4. Australian Sports Anti-Doping Authority—Report for 2008-09 (presented to the President on 8 December 2009, 1.21 pm AEST).

5. High Court of Australia––Report for 2008-09 (presented to the President on 11 December 2009, 2.43 pm AEST).

6. Great Barrier Reef Marine Park Act 1975––Great Barrier Reef outlook report 2009––Correction (presented to the President on 14 December 2009, 9.14 am AEST).

7. Department of Finance and Deregulation––Consolidated financial statements for the year ended 30 June 2009 (presented to the President on 14 December 2009, 9.50 am AEST).

8. Data matching program––Report on progress 2004-07 (presented to temporary chair of committees, Senator Humphries, on 16 December 2009, 11.14 am).

9. National Health and Medical Research Council––NHMRC Licensing Committee––Report on the operation of the Research Involving Human Embryos Act 2002 for the period 1 April to 31 August 2009 (presented to temporary chair of committees, Senator Humphries, on 16 December 2009, 11.14 am).

10. ASC Pty Ltd––Report for 2008-09 (presented to temporary chair of committees, Senator Humphries, on 17 December 2009, 2.46 pm).

11. Family Law Council––Report for 2008-09 (presented to the President on 18 December 2009, 3.09 pm AEST).

12. Department of Education, Employment and Workplace Relations––Australian vocational education and training system––Report for 2008 (presented to temporary chair of committees, Senator Moore, on 21 December 2009, 10.50 am AEST).

13. Independent review of the Environment Protection and Biodiversity Conservation Act 1999––Final report (presented to temporary chair of committees, Senator Moore, on 21 December 2009, 11.05 am AEST).

14. Australia and the International Financial Institutions––Report for 2007-08 (presented to the President on 21 December 2009, 1.40 pm AEST).

15. Australian Customs and Border Protection Service (formerly the Australian Customs Service)––Report for 2008-09––Correction (presented to the President on 21 December 2009, 1.40 pm AEST).

16. Eliminating Nuclear Threats––A practical agenda for global policymakers: Report (and synopsis) of the International Commission on Nuclear Non-proliferation and Disarmament (presented to the President on 22 December 2009, 10.02 am AEST).

17. Defence Force Remuneration Tribunal––Report for 2008-09 (presented to the President on 22 December 2009, 10.36 am AEST).

18. Coal Mining Industry (Long Service Leave Funding) Corporation––Report for 2008-09 (presented to the President on 22 December 2009, 10.36 am AEST).

19. Freedom of Information Act 1982––Report for 2008-09 on the operation of the Act (presented to the Deputy President on 22 December 2009, 2.55 pm CDST).

20. National Blood Authority––Report for 2008-09––Correction (presented to temporary chair of committees, Senator Ryan, on 23 December 2009, 10.02 am).

21. Department of the Environment, Water, Heritage and the Arts––Energy use in the Australian Government’s operations––Report for 2007-08 (presented to temporary chair of committees, Senator Trood, on 23 December 2009, 1.20 pm AEST).

22. Productivity Commission––Report no. 49––Executive remuneration in Australia (presented to the President on 4 January 2010, 8.40 am AEST).

23. Wreck Bay Aboriginal Community Council––Report for 2008-09 (presented to the President on 7 January 2010, 9.12 am AEST).

24. Commonwealth Electoral Act 1918––2009 redistribution of Queensland into electoral divisions––Report, together with composite maps and compact disc of supporting information (presented to the President on 12 January 2010, 3.22 pm AEST).

25. Australian Communications and Media Authority (ACMA)––Communications report for 2008-09 (presented to the President on 12 January 2010, 3.22 pm AEST).

26. Australian Livestock Export Corporation Limited (LiveCorp)––Report for 2008-09 (presented to the President on 13 January 2010, 10.29 am AEST).

27. National Rural Advisory Council (NRAC)––Report for 2008-09 (presented to the President on 13 January 2010, 10.29 am AEST).

28. Digital Dividend––Green paper by the Minister for Broadband, Communications and the Digital Economy (Senator Conroy) (presented to the President on 15 January 2010, 9.35 am AEST).

29. Aboriginal and Torres Strait Islander Social Justice Commissioner––Reports for 2009––Native title, and Social justice (presented to temporary chair of committees, Senator Bernardi, on 20 January 2010, 10:45 am CDST).

30. Commonwealth Services Delivery Agency (Centrelink)––Report for 2008-09––Correction (presented to temporary chair of committees, Senator Humphries, on 21 January 2010, 10.59 am).

31. Centrelink and the Data-Matching Agency––Data-matching program––Report on progress 2005-06––Correction (presented to temporary chair of committees, Senator Humphries, on 21 January 2010, 10.59 am).

32. Centrelink and the Data-Matching Agency––Data-matching program––Report on progress 2004-05––Correction (presented to temporary chair of committees, Senator Humphries, on 21 January 2010, 10.59 am).

33. Commonwealth Electoral Act 1918––2009 redistribution of New South Wales into electoral divisions––Report, together with composite maps and compact disc of supporting information (presented to temporary chair of committees, Senator Bernardi, on 25 January 2010, 1.55 pm CST).

34. Regional Forest Agreement between the Commonwealth and Tasmania––Response––Report on inquiry on the progress with implementation of the Tasmanian Regional Forest Agreement (1997): Second five yearly review (note: report tabled on 17 June 2008) (presented to temporary chair of committees, Senator Bernardi, on 28 January 2010, 9.14 am CST).

35. Financial Management and Accountability Act 1997––Certificate of compliance––Report for 2008-09 (presented to temporary chair of committees, Senator Ryan, on 29 January 2010, 10 am).

36. Tax expenditures statement 2009 (presented to temporary chair of committees, Senator Troeth, on 29 January 2010, 12.09 pm).

(e) Reports of the Auditor-General

1. Audit report no. 16 of 2009-10––Performance audit––Do Not Call Register: Australian Communications and Media Authority (presented to temporary chair of committees, Senator Ryan, on 16 December 2009, 1.31 pm).

2. Audit report no. 17 of 2009-10––Financial statement audit––Audits of financial statements of Australian Government entities for the period ended 30 June 2009 (presented to temporary chair of committees, Senator Troeth, on 17 December 2009, 10.47 am).

3. Audit report no. 18 of 2009-10––Performance audit––LPG Vehicle Scheme: Department of Innovation, Industry, Science and Research, Centrelink. Medicare Australia (presented the President, on 18 December 2009, 10.23 am AEST).

4. Audit report no. 19 of 2009-10––Performance audit––Child Support Reforms: Stage one of the Child Support Scheme reforms and improving compliance: Department of Human Services, Department of Families, Housing, Community Services and Indigenous Affairs, Centrelink (presented the President, on 18 December 2009, 10.23 am AEST).

(f) Returns to order

1. Health––National Preventative Health Taskforce Report––Interim response (presented to the President on 7 December 2009, 10.33 am AEST). [Note: motion of Senators Cormann and Barnett agreed to 26 November 2009.]

2. Workplace Relations––Fair Work Amendment (State Referrals and Other Measures) Bill 2009––Bilateral Intergovernmental agreements (unsigned version) (presented to temporary chair of committees, Senator Moore, on 5 January 2010, 2 pm AEST). [Note: motion of Senator Fisher agreed to 18 November 2009.]

3. Workplace Relations––Fair Work Amendment (State Referrals and Other Measures) Bill 2009––Bilateral Intergovernmental agreements (signed version) (presented to the President on 7 January 2010, 10.39 am AEST). [Note: motion of Senator Fisher agreed to 18 November 2009 and see above entry.]

(g) Letters of advice relating to Senate orders

1. Letters of advice relating to lists of departmental and agency appointments/vacancies:

• Department of Infrastructure, Transport, Regional Development and Local Government (received 21 January 2010)
• Veterans’ Affairs portfolio agencies (received 28 January 2010)
• Broadband, Communications and the Digital Economy portfolio agencies (received 29 January 2010)
• Health and Ageing portfolio agencies (presented to the President on 1 February 2010, 9.20 am).
• Department of the Prime Minister and Cabinet (presented to the President on 1 February 2010, 11.40 am).
• Australian Public Service Commission (presented to the President on 1 February 2010, 11.40 am).
• Office of the Commonwealth Ombudsman (presented to the President on 1 February 2010, 11.40 am).
• National Archives of Australia (presented to the President on 1 February 2010, 11.40 am).
• Old Parliament House (presented to the President on 1 February 2010, 11.40 am).
• Department of Agriculture, Fisheries and Forestry (presented to the President on 1 February 2010, 11.40 am).
• Department of Treasury (presented to the President on 1 February 2010, 11.40 am).
• Department of Immigration and Citizenship (presented to the President on 1 February 2010, 11.40 am).
• Office of the Inspector-General of Intelligence and Security (presented to the President on 1 February 2010, 11.40 am).
• Office of the Privacy Commissioner (presented to the President on 1 February 2010, 11.40 am).
• Australian National Audit Office (presented to the President on 1 February 2010, 11.40 am).
• * Finance and Deregulation portfolio agencies (presented to the President on 1 February 2010, 4.52 pm).
• * Attorney-General’s portfolio agencies (presented to the President on 1 February 2010, 4.52 pm).
• Australian Institute of Family Studies (presented to the President on 1 February 2010, 4.52 pm).
• Office of National Assessments (presented to the President on 1 February 2010, 4.52 pm).
• Department of Human Services (presented to the President on 1 February 2010, 4.52 pm).
• Climate Change portfolio agencies [2] (presented to the President on 1 February 2010, 4.52 pm and 5.27 o).
• * Innovation, Industry, Science and Research portfolio agencies (presented to the President on 1 February 2010, 5.27 pm).

2. Letters of advice relating to lists of departmental and agency grants:

• Department of Veterans’ Affairs (presented to temporary chair of committees, Senator Bernardi, on 28 January 2010, 9.14 am CST).
• Broadband, Communications and the Digital Economy portfolio agencies (presented to temporary chair of committees, Senator Troeth, on 29 January 2010, 12.09 pm).
• National Archives of Australia (presented to the President on 1 February 2010, 11.40 am).
• Old Parliament House (presented to the President on 1 February 2010, 11.40 am).
• Department of Agriculture, Fisheries and Forestry (presented to the President on 1 February 2010, 11.40 am).
• Department of Infrastructure, Transport, Regional Development and Local Government (presented to the President on 1 February 2010, 11.40 am).
• Treasury portfolio agencies (presented to the President on 1 February 2010, 11.40 am).
• Department of Immigration and Citizenship (presented to the President on 1 February 2010, 11.40 am).
• Office of the Commonwealth Ombudsman (presented to the President on 1 February 2010, 11.40 am).
• Office of the Inspector-General of Intelligence and Security (presented to the President on 1 February 2010, 11.40 am).
• Office of the Privacy Commissioner (presented to the President on 1 February 2010, 11.40 am).
• Australian Public Service Commission (presented to the President on 1 February 2010, 11.40 am).
• Department of the Prime Minister and Cabinet (presented to the President on 1 February 2010, 11.40 am).
• Australian National Audit Office (presented to the President on 1 February 2010, 11.40 am).
• * Finance and Deregulation portfolio agencies (presented to the President on 1 February 2010, 4.52 pm).
• * Attorney-General’s portfolio agencies (presented to the President on 1 February 2010, 4.52 pm).
• Australian Institute of Family Studies (presented to the President on 1 February 2010, 4.52 pm).
• Office of National Assessments (presented to the President on 1 February 2010, 4.52 pm).
• Human Services portfolio agencies (presented to the President on 1 February 2010, 4.52 pm).
• Environment, Water, Heritage and the Arts portfolio agencies (presented to the President on 1 February 2010, 4.52 pm).
• * Innovation, Industry, Science and Research portfolio agencies (presented to the President on 1 February 2010, 5.27 pm).
• Health and Ageing portfolio agencies (presented to the President on 1 February 2010, 5.27 pm).

* denotes that one letter covers the Senate orders relating to appointments, vacancies and grants

In accordance with the usual practice and with the concurrence of the Senate I ask that the government responses be incorporated in Hansard.

The documents read as follows—

Government Response to Report 91 of the Joint Standing Committee on Treaties regarding Treaties between Australia and the United Arab Emirates on Extradition and Mutual Assistance in Criminal Matters

The Extradition Treaty

General comments

The Government thanks the Committee for its consideration of the Treaty on Extradition between Australia and the State of the United Arab Emirates. In expressing its conclusions on the Extradition Treaty, the Committee stated ‘it has concerns in relation to the general operation of Australia’s current treaty model for extradition’. It said that ‘Australia’s responsibility for persons extradited from Australia should not end at the conclusion of the extradition process, but should extend to monitoring the detention of extradited persons, the judicial proceedings they are subject to, their sentencing and their imprisonment.’

The Government appreciates the Committee’s views on this issue. However, the imposition of a general monitoring scheme for Australia’s extradition arrangements as proposed by the Committee would represent a significant and substantial change to such arrangements, and would significantly alter the basis on which extraditions are conducted in terms of both Australian and international practice.

Australia is currently a party to 34 modern bilateral extradition treaties and more than 20 multilateral treaty instruments which include extradition obligations, and also participates in various non-treaty arrangements based on understandings of reciprocity. None of the existing arrangements provide for monitoring of persons following extradition, and the Government is not aware of any international extradition agreements which contemplate such measures.

Australia could seek to have such measures included in extradition treaties. However, given the novelty of the proposed measures in the context of established practice, attempts to impose such measures, whether by treaty provision or otherwise, are likely to be strongly resisted by our existing and potential extradition partners, including on the grounds the measures would infringe the criminal justice processes and sovereignty of the requesting State. Insistence on such measures as a general condition of extradition is likely to preclude effective extradition relationships with a significant number of existing and future extradition partners. This would risk Australia becoming a safe haven for fugitives from many countries.

In general terms – and as a matter of international practice – the Vienna Convention on Consular Relations, which to a large extent codifies customary international law, provides for a State’s right to directly monitor proceedings against its nationals who are subject to detention or prosecution in another State. Accordingly, while Australia may implement monitoring measures in relation to Australian nationals extradited overseas (and has done so), the Vienna Convention does not provide any right to access citizens of other countries. There are also practical obstacles to extending this type of arrangement to all persons extradited from Australia, including the resources and expertise that would need to be deployed.

To the extent the Committee’s concerns relate to the potential abuse of the human rights of persons who are extradited from Australia, the Government considers such concerns are more appropriately addressed in the context of the extradition process, rather than through the establishment of a detailed monitoring mechanism. Such a mechanism could only come into effect after the event, would be dependent on the preparedness of the government of the relevant country and the relevant local legislation to allow such monitoring and could not provide any legal basis for Australia to act on concerns in relation to the person surrendered. Thus, for example, if there is a real risk that the person may be subject to the death penalty or torture upon surrender, then extradition must be refused as a matter of law, according to subsection 22(3) of the Extradition Act 1988. This approach is consistent with Australia’s settled approach to the removal of persons through other processes, such as under the Migration Act 1958, and with Australia’s obligations under international human rights treaties. Under those treaties, any assessment of whether a person may be subject to the death penalty or torture must be carried out before their removal from Australia, not after.

Recommendation 1

The Committee supports the Treaty on Extradition between Australia and the State of the United Arab Emirates and recommends that binding treaty action be taken.

The Government accepts this recommendation, and will arrange the making of regulations under the Extradition Act 1988 in order to implement the treaty.

Recommendation 2

The Committee recommends that new and revised extradition agreements should explicitly provide a requirement that the requesting country provide annual information concerning the trial status and health of extradited persons and the conditions of the detention facilities in which they are held.

The Government does not accept this recommendation. It is not aware of any precedents for such a requirement in existing bilateral and multilateral extradition agreements. Many current and potential extradition partners would not be prepared to accept explicit obligations of this nature in extradition agreements. A requirement to provide such information in relation to all persons who have been subject to extradition to or from Australia would also impose significant and unwarranted administrative burdens on the justice and correctional authorities of the relevant jurisdictions.

Recommendation 3

That the Australian Government develop and implement formal monitoring arrangements for Australia’s bilateral extradition treaties which include the following elements:

• The Attorney-General’s Department informs the Department of Foreign Affairs and Trade of each extradition, including the terms of the relevant extradition agreement and any special conditions applying to the case.
• The Department of Foreign Affairs and Trade would be expected to formally monitor all extradited Australians through the consular network.
• In the event that a foreign national is extradited to their country of citizenship, the extradition should be made on the understanding that the Australian Government will be informed through its diplomatic representatives of the outcome of the prosecution and the ongoing status of the person while in custody as a result of a conviction. The Australian consular networks would be expected to monitor and report on the condition of the extradited person until they have served their sentence and were released.
• In the event that a foreign national is extradited to a third country, the extradited person’s country of citizenship should be informed and asked to monitor that person’s trial status and health and the conditions of the detention facility in which they are held and report to the Australian Government if it has the capacity and is willing to do so. In the event that an extradited person’s country of citizenship does not have the capacity to monitor the extradited person or is not willing to do so, then the Australian Government should monitor the person’s trial status and health and the conditions of the detention facility in which they are held through Australia’s consular network until that person is acquitted or, if convicted and imprisoned, their sentence is served, they are released and leave the country.

The Government does not accept this recommendation. As outlined above, Australia is able to implement monitoring mechanisms in relation to Australian nationals detained overseas (including persons who have been extradited from Australia), and has done so. However, this does not apply in relation to foreign nationals. The Government recognises it has a specific role in relation to the welfare of Australian nationals, and this accords with the Vienna Convention on Consular Relations, which provides an exception to the general rule of non-interference in relation to monitoring the welfare of nationals.

Australia’s ability to introduce monitoring regimes for non-Australians extradited overseas would depend, in the first instance, on the consent of the requesting country. As outlined above, we assess that many foreign countries would not be prepared to accept such arrangements. There is no provision for such regimes under our extradition treaties or other international instruments, so it would not be lawfully open to Australia to insist on such arrangements as a condition of extradition.

As a matter of practice, the provision of such assistance to foreigners who have been extradited overseas would place pressure on the limited resources of Australia’s consular network, which has been established to assist Australians overseas.

In summary, the Government will maintain the following measures:

(a) The Attorney-General’s Department will continue to inform the Department of Foreign Affairs and Trade of each extradition of an Australian citizen and permanent resident, including the terms of the extradition and any special conditions applying to the case.

(b) The Department of Foreign Affairs and Trade will continue to monitor all extradited Australian citizens and permanent residents through the consular network, to the extent that this is practically and legally possible (the Vienna Convention only specifically refers to consular rights in relation to Australian citizens, and in any case, Australian citizens or residents may at any time refuse assistance or withdraw their consent to being monitored).

(c) In relation to foreign nationals sought for extradition from Australia by a third country, the question of monitoring the person following extradition is fundamentally a matter for the person and his or her country of nationality. When foreign nationals are detained in Australia (e.g., in the context of extradition proceedings), law enforcement officers must inform them that they are entitled to request that their consular authorities be informed of their detention, and the consular authorities are entitled to visit and communicate with the relevant person, including in relation to the extradition. Once an extradition has taken place, it is the responsibility of the requesting country to enable consular access to the foreign national as appropriate.

Recommendation 4

The Committee recommends that the Attorney-General’s Department and/or the Department of Foreign Affairs and Trade include in their annual report to Parliament the following information concerning the operation of Australia’s extradition agreements:

• the number of extradition requests made, granted and refused including the countries making the requests and the alleged offences involved;
• whether any waivers to provisions in an extradition treaty have been sought by any country and, if so, whether they were granted;
• the number of persons extradited (Australian citizens, permanent residents of Australia, foreign nationals); and
• whether any breaches of bilateral extradition agreements have been noted by Australian authorities and what action was taken.
• Also, in respect of each extradited person the following details should be reported:
• their name, nationality